Federal Offender Security Clarification overrides, a Death Midwife, and NCRMD findings

Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070

Issues discussed include overrides of federal prisoner security classifications which result in inmates classified as medium security, being transferred to minimum security institutions. This was an issue recently as a result of two inmates escaping from the William Head Institution, which is a minimum-security facility, despite having been classified as medium security risks. One of the inmates had been convicted of escaping jail on five previous occasions. 

A 2001 report from Correctional Service Canada, that examined the reasons given for overriding inmate risk classifications is discussed. The report found that that was a 13.6% increase in escape rate when risk classifications were overridden and that in 30% of cases the reasons given for an override were inappropriate. 

Also discussed was a British Columbia Supreme Court decision involving the College of Midwives of British Columbia, and a woman who described herself as a Death Midwife. The woman’s website described death midwifery as a form of pastoral care. The College argued that the Health Professions Act prohibited the woman from using the term “midwife”. The judge in the case found that the act did prohibit the use of the term, however, it unconstitutionally interfered with the woman’s freedom of expression because it was overly broad and did not minimally impair the woman’s freedom of expression. 

Finally, the requirements for someone to be found not criminally responsible, as a result of a mental disorder, are discussed, along with the consequences of such a finding. In order to be not criminally responsible a judge would need to be persuaded that someone committed an act or omission while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act of omission or of knowing it was wrong.

Where someone is found to be not criminally responsible, they would be subject to detention, in a medical facility, until a review board concluded they did not pose a significant risk to public safety. In some cases, this could be for a much longer period of time then they would have served in jail.